CHARANJITSINGH HIRASINGH JAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants-accused have preferred the present revision application under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as "the Code") challenging the order below Exh.4 dated 11/01/2019 passed by the learned 2nd Additional Sessions Judge, Anand in Criminal Appeal No. 1 of 2009, dismissing the application Exh.4 under Section 389 (1) of the Code preferred by the present applicants.

(2.) Brief facts of the case is that the present applicants - Charanjitsingh Hirasingh Jat and Kanvarjitsingh Kashirsingh Jat were tried by the 2nd Additional Civil Judge and Judicial Magistrate, First Class, Borsad for the offences punishable under Sections 65(e) 81, 83, 98(2), 116(2) of the Gujarat Prohibition Act, 1949 and vide judgment and order dated 19/12/2018 convicted and sentence of thee years R.I. And fine of Rs. 1,00,000/- (Rupees One Lakh only) each accused and I/d to undergo simple imprisonment for further six month was imposed by the learned in Criminal Case No. 418 of 2018.

(3.) Heard learned Advocate Mr.M.M.Shaikh, for the applicants and Mr.K.L.Pandya, APP for the respondent- State.